Doctrine of pith and substance allows valid legislation despite incidental encroachment on another legislature's subjects. The doctrine of pith and substance requires examination of the entire statute - its object, scope and effect - to determine whether, in substance, the enactment falls within the legislative power of the enacting body; incidental encroachment on another legislature's subjects does not invalidate the law, because the determination rests on substance rather than degree.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Doctrine of pith and substance allows valid legislation despite incidental encroachment on another legislature's subjects.
The doctrine of pith and substance requires examination of the entire statute - its object, scope and effect - to determine whether, in substance, the enactment falls within the legislative power of the enacting body; incidental encroachment on another legislature's subjects does not invalidate the law, because the determination rests on substance rather than degree.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.